http://news.yahoo.com/s/ap/20070906/ap_on_re_us/patriot_act_lawsuit
Judge strikes down part of Patriot Act
By LARRY NEUMEISTER, Associated Press Writer Thu Sep 6, 7:21 PM ET
NEW YORK - A federal judge struck down a key part of the USA Patriot Act
on Thursday in a ruling that defended the need for judicial oversight of
laws and bashed Congress for passing a law that makes possible "far-
reaching invasions of liberty."
U.S. District Judge Victor Marrero immediately stayed the effect of his
ruling, allowing the government time to appeal. Justice Department
spokesman Dean Boyd said: "We are reviewing the decision and considering
our options at this time."
The ruling handed the American Civil Liberties Union a major victory in
its challenge of the post-Sept. 11 law that gave broader investigative
powers to law enforcement.
The ACLU had challenged the law on behalf of an Internet service
provider, complaining that the law allowed the FBI to demand records
without the kind of court supervision required for other government
searches. Under the law, investigators can issue so- called national
security letters to entities like Internet service providers and phone
companies and demand customers' phone and Internet records.
In his ruling, Marrero said much more was at stake than questions about
the national security letters.
He said Congress, in the original USA Patriot Act and less so in a 2005
revision, had essentially tried to legislate how the judiciary must
review challenges to the law. If done to other bills, they ultimately
could all "be styled to make the validation of the law foolproof."
Noting that the courthouse where he resides is several blocks from the
fallen World Trade Center, the judge said the Constitution was designed
so that the dangers of any given moment could never justify discarding
fundamental individual liberties.
He said when "the judiciary lowers its guard on the Constitution, it
opens the door to far-reaching invasions of liberty."
<snip further info on 'security letters'>
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